South African trust law does not prescribe a general maximum lifespan for an inter vivos trust. A trust can therefore continue for a long period, including across generations, if its trust deed permits this and it continues to have a…

You do not necessarily need a family trust. It is one planning tool that can be useful where a family wants assets to be managed separately from individual ownership and according to rules that can continue across death, incapacity or…

A family trust can hold a wide range of assets, subject to the trust deed and any law that applies to the particular asset. Common examples include immovable property, listed and unlisted shares, unit trusts and exchange-traded funds, cash and…

A family trust is the informal term commonly used for a trust established to hold and administer assets for the benefit of members of a family. It is not a separate legal category under South African law. Most family trusts…

An inter vivos trust is most useful where there is a clear long-term purpose that justifies separating assets from personal ownership and accepting the governance and tax obligations that follow. Common examples include preserving family or business assets across generations,…

There is no prescribed market price for establishing a family trust in South Africa. Professional fees depend on the complexity of the trust deed, the advice required, the number and nature of the parties, and whether the trust forms part…

The beneficiaries of an inter vivos trust are the persons, entities or determinable classes identified in the trust deed as those for whose benefit the trust is administered. They may include individuals, companies, other trusts or a clearly defined class…

Yes. A trustee may also be a beneficiary of the same trust. This is common in South African family trusts, where family members may serve as trustees while also being discretionary beneficiaries. There is, however, an important limit at the…

South African legislation does not prescribe one minimum number of trustees for every trust. The Trust Property Control Act requires trustees to be authorised by the Master, but the number required to act is primarily determined by the trust deed…

A common example is a family discretionary trust established during the founders’ lifetime to hold long-term investments or shares in a family business for the benefit of family members. The trust deed identifies the beneficiaries and appoints trustees, who manage…